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Collaborative divorce
shares with mediation the fact that they are both primarily
based on the principle of "interest based negotiations". This
is distinguished from litigation or court-based divorce which
focuses on rights and entitlement.
In the mediation process there is usually only one mediator.
In collaborative divorce there are always two professionals
present, either two lawyers or two divorce coaches.
In mediation, the mediator must remain neutral, and cannot advise
either party separately. Independent legal advice is obtained
from lawyers outside of the meetings with the mediator, either
parallel to the mediation, or after the mediation is concluded.
Occasionally, the parties' lawyers may attend the mediation
as well.
In the collaborative process, each spouse has the best of both
worlds. There is no neutral mediator per se, but counsel are
present at all four way meetings and use mediation skills to
reach resolution of issues. Coaches use their skills in coaching
four way meetings.
To summarize, both processes use problem solving techniques
to resolve disputes. But in collaborative divorce the neutral
third party role of the mediator is eliminated, and replaced
with counsel that use mediation techniques to assist with resolving
issues and give legal advice at the same time. |
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